CPC – Court Procedure in Civil Cases-I Suits By/Against Government or Public Officers (Part IV--- Ss. 79-82 C.P. Code)

Suits By or Against the Government Who shall be plaintiff or Defendant (S.79) :- Union of India --- If Central Govt.; (Particular) State – If State Govt.;

Statutory Notice (S. 80) Before filing a suit against Government, Plaintiff(s) required to serve Notice; Contents of Notice :- Cause of action; Name and Description of Plaintiff; Relief Claimed;

Statutory Notice (S. 80) Service at least Two months before filing suit; Plaint to contain Statement of such Notice Service;

Notice to be served upon [S. 80(1)]:- (Departmental) Secretary of Central Government excepting Railways, General Manager of particular Railway in Railway related matter, (Departmental) Secretary or District Collector of State Government; Chief Secretary/other officer authorized in case of the State of Jammu & Kashmir,

Exemption from Notice Service [S. 80(2)] For Urgent/immediate Relief - with Court’s permission; No Interim/other relief without reasonable opportunity of showing cause to Government /Public Officer; Revocation of Court’s permission & Return of Plaint after hearing, if actually no urgent or immediate relief need be granted;

Special Privileges of Public Officers S. 81:- Exemption from Arrest & personal appearance (For Public Officer):- No Arrest or Attachment (except in Execution), No personal appearance - to prevent detriment to Public Service,

Execution of Decrees against Government (S. 82) Not to be issued unless Decree remains unsatisfied for Three (3) Months;

Preeminent status of Govt. as litigating party; The Summary-I Preeminent status of Govt. as litigating party; Status More pronounced as ‘Defendant’ –Govt. itself suing in normal Civil Courts is rare;

The Summary-II Effective protection to Public Officers for Official acts; Inbuilt mechanism for effective & Strategic defence provided U/O. XXVII Those Provisions U/Or. XXVII to be covered in next Class; Thanks!